Abstract

Decolonisation is a recurring constitutional and political theme in the process of change and reform in South Africa’s history during the 20th century. The constitutional emancipation of the erstwhile Union of South Africa and the subsequent internal decolonisation of designated black ethnic population and cultural groups, are two kindred processes which have interesting similarities, but also important differences. The former involved British Imperialism, the latter involved Afrikaner Nationalism and African Nationalism. The former was a natural, legitimate and spontaneous process, the latter was an artificial process that was induced by Afrikaner Nationalism, that was spurned internationally and domestically by the the international community of nations and indigenous people of South Africa respectively.The article examines the legitimacy of the process of the decolonisation of the Union of South Africa resulting in its independence, followed by the adoption of a republican form of government. In contrast, a comparison is made with the controversial and questionable evolution of the Bantustans, which emerged out of the erstwhile native reserves, a stratagem designed in effect to thwart the liberation struggle for a truly democratic form of government for all the people of South Africa. This pseudo decolonisation was an analogous process to that of genuine decolonisation. The former involved political fragmentation, whatever it was designated, that in effect, denied to the indigenous people, freedom and liberation for decades. As an odyssey it was a very protracted and painful process. Ultimately, in a belated and circuitous manner, after the inordinate suffering and oppression of South Africa’s indigenous people, a genuine democracy in a unified and consolidated state for all the people of South Africa was to transpire. This was liberation and not decolonisation, and was the final stage in the historic and traumatic process for South Africa.It is also argued that only with the inception of the Interim Constitution, following the first historic democratic election of 27 April 1994, did South Africa and its people adopt an authentic democratic and republican constitution.Keywords: Union of South Africa, Status, dominions, decolonisation, liberation movements, Afrikaner nationalism, African nationalism.

Highlights

  • Their purpose is to capture the vanguard, to turn the movement of liberalisation towards the right and to disarm the people; quick, quick, lets decolonize

  • To obtain dominion status was Australia, which it obtained by virtue of the Commonwealth of Australia Act – once again a British statute adopted by the Imperial parliament at Westminster, on 9th July 1900.15 This was followed by the Dominion of New Zealand[16] and Newfoundland,[17] and the Union of South Africa in 1910.18 in 1921-2 the Irish Free State “was added to the list ...”,19 its constitutional status was to prove to be anomalous – since, as explained by J M Kelly,20 “the quality of its membership and the motive keeping it up were idiosyncratic.”

  • Contrasting the two manifestations, the former involved British imperialism, while the latter was precipitated by a conflict between Afrikaner nationalism and African nationalism. The former was a natural, legitimate and spontaneous process, while the latter, it is submitted, was an artificial process that was induced by Afrikaner nationalism – that was spurned internationally, and domestically by the vast majority of South Africa’s indigenous people

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Summary

Introduction

Their purpose is to capture the vanguard, to turn the movement of liberalisation towards the right and to disarm the people; quick, quick, lets decolonize. In March 1867, the British parliament enacted the British North America Act, which established the Dominion of Canada.[14] Next to obtain dominion status was Australia, which it obtained by virtue of the Commonwealth of Australia Act – once again a British statute adopted by the Imperial parliament at Westminster, on 9th July 1900.15 This was followed by the Dominion of New Zealand[16] and Newfoundland,[17] and the Union of South Africa in 1910.18 in 1921-2 the Irish Free State “was added to the list ...”,19 its constitutional status was to prove to be anomalous – since, as explained by J M Kelly,20 “the quality of its membership and the motive keeping it up (the desire to retain some formal link with the North) were idiosyncratic.”. According to the Huffington Post,[30] there are still 16 territories around the world that have yet to achieve decolonisation – the most notable being Western Sahara, which has fought for more than 35 years to achieve self-determination in relation to Morocco.[31]

Union of South Africa
Formation of the Union of South Africa
Dominion Efforts to obtain Equality of Statehood
Balfour Declaration and Statute of Westminster
Constitutional significance of Statute of Westminster and Status Act
Republican Status
Exclusion of People of Colour in the Constitutional Process of Emancipation
Nature and effect of Bantu authorities
Consummation of the policy of internal decolonisation
Conclusion
Full Text
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